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LAMPE v. O'TOOLE

No. 2-96-1449.

685 N.E.2d 423 (1997)

292 Ill. App.3d 144

226 Ill.Dec. 320

John H. LAMPE et al., Plaintiffs-Appellants, v. Joan C. O'TOOLE, Defendant-Appellee (Sinnett Excavating, Inc., Defendant).

Appellate Court of Illinois, Second District.

September 22, 1997.

Attorney(s) appearing for the Case

Joseph P. Condon, Condon & Missimer, Ltd., Crystal Lake, for Becky S. Lampe, John H. Lampe.

Philip J. Ryan, Ryan, Ryan & Landa, Ltd., Waukegan, for Joan C. O'Toole.

Justice COLWELL delivered the opinion of the court:

Plaintiffs, John and Becky Lampe, sued defendants, Joan O'Toole and Sinnett Excavating, Inc. (Sinnett), for personal injuries. O'Toole moved to dismiss (see 735 ILCS 5/2—619(a)(9)(West 1996)), alleging that plaintiffs had orally settled their claim against her. The trial court granted the motion and plaintiffs appeal (see 155 Ill.2d R. 304(a)), arguing that the...

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